Wakilii

Muhereza and Another v Attorney General and 8 Others (Civil Suit No. 301 of 2016)

High Court · [2022] UGHCCD 220 · 2022 Judgment for Defendant AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for constitutional remedies arising from alleged police brutality
Decision
Suit dismissed with costs to the defendant

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the plaintiffs failed to prove their claims of torture and violation of rights to the required standard. Although police officers were tried by a Police Tribunal for wrongful actions, plaintiffs did not adduce medical evidence or credible corroboration to establish they were personally victims of the reported brutality. Contradictory testimony regarding whether plaintiff owned a bicycle or motorcycle, absence of medical reports, and reliance on newspaper articles without corroboration rendered the evidence insufficient. Suit dismissed with costs.

Outcome

Suit dismissed with costs to the defendant

Facts

On 13 July 2016, plaintiffs, boda boda riders ferrying passengers on Entebbe Road, alleged they were violently beaten by police officers near FDC headquarters in Najjanankumbi. They claimed their motorcycles were impounded, they sustained injuries requiring treatment, and suffered disruption to their business. Plaintiffs sought compensation for violations of rights against torture, property rights, and livelihood. Only Ronald Muhereza testified; Michael Nyesiga's witness statement was filed but he did not appear. Defendant admitted three police officers were tried by Police Tribunal for wrongful actions against civilians but denied liability for plaintiffs' specific claims.

Issues

  1. Whether the plaintiffs' freedom from torture, cruel, inhumane, and degrading treatment was violated and whether the defendants are liable.
  2. Whether the plaintiffs' right to property was violated and whether the defendants are liable.
  3. Whether the plaintiffs' right to carry on any lawful business or trade was violated and whether the defendants are liable.
  4. Whether the plaintiffs' right to livelihood and an adequate standard of living was violated and whether the defendants are liable.
  5. Whether the plaintiffs are entitled to remedies sought.

Orders

  • Suit dismissed.
  • Costs awarded to the defendant.

Rules and key headnotes

Human Rights — Freedom from Torture — Standard of Proof — Medical Evidence
A plaintiff alleging torture must prove the claim to the required standard by adducing credible evidence including medical reports documenting the injuries and treatment; reliance on newspaper articles and oral testimony alone without corroboration or medical documentation is insufficient to discharge the burden of proof.
Evidence — Burden of Proof — Balance of Probabilities — Credibility
Where a defendant admits that certain officers were disciplined for wrongful conduct, that admission does not automatically validate a plaintiff's claim; the plaintiff retains the duty to prove on a balance of probabilities that they were personally among the victims of the wrongful conduct.
Evidence — Credibility of Witnesses — Contradictory Testimony
Where a plaintiff gives contradictory evidence on a material fact such as whether he owned a bicycle or a motorcycle and whether it was returned or confiscated, the court cannot rely on such incredible testimony unsupported by corroborative evidence to find in the plaintiff's favour.
Human Rights — Freedom from Torture — Definition and Threshold
For conduct to amount to torture under the Prevention and Prohibition of Torture Act 2012, not only must there be severe pain or suffering intentionally inflicted, but the treatment must also be inflicted for a prohibited purpose; courts must apply a strict test and only the worst examples will satisfy the threshold.

Legislation cited (5)

Cases cited (3)

  • Issa Wazembe v Attorney General (Civil Suit No. 154 of 2016)
  • Adesina v Ojo (2012) 10 NWLR 522
  • Akullu Hellen v Odong Jino Gwore (Civil Appeal No. 0021 of 2018)

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Muhereza and Another v Attorney General and 8 Others (Civil Suit No. 301 of 2016) [2022] UGHCCD 220 (31 October 2022)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.